HomeMy WebLinkAboutLL 1999 #3 Siting of Wireless Telecomm local Law Filing • lIEV YpRj( STATE'OEPARTHENT OF STATE
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'Gity of DANBY
Town
Local Law No. • 3 of the year 19 .99 .
A local law REGULATING THE $IT(Nc QF WIRELESS TELECOMMUNICATIONS FACILITIES
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Re it enacted by the TOW.N...BO.ARD • of the
(Nana of Legislative Body)
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Town as follows:
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COMPLETE COPY OF THE LOCAL LAW ATTACHED
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LOCAL LAW NUMBER 3 OF 1999
OF THE TOWN OF DANBY
A LOCAL LAW REGULATING THE SITING OF WIRELESS
TELECOMMUNICATIONS FACILITIES
Section 1 . PURPOSE AND LEGISLATIVE INTENT.
The Telecommunications Act of 1996 affirmed the Town of Danby 's authority concerning the
placement, construction and modification of Wireless Telecommunications Facilities. The Town
Board of the Town of Danby finds that Wireless Telecommunications Facilities may pose a
unique hazard to the health, safety, public welfare and environment of the Town of Danby and its
inhabitants. The Town also recognizes that facilitating the development of wireless service
technology can be an economic development asset to the Town and of significant benefit to the
Town and its residents. In order to insure that the placement, construction or modification of
Wireless Telecommunications Facilities is consistent with the Town's land use policies, the
Town is adopting a single, comprehensive, Wireless Telecommunications Facilities application
and permit process. The intent of this Law is to minimize the negative impact of Wireless
Telecommunications Facilities, establish a fair and efficient process for review and approval of
applications, assure an integrated, comprehensive review of environmental impacts of such
facilities, and protect the health, safety and welfare of the Town of Danby.
Section 2. Title.
This Law may be known and cited as the Wireless Telecommunications Facilities Siting Law for
the Town of Danby.
Section 3. Severability.
A) If any word, phrase, sentence, part, section, subsection, or other portion of this Law or
any application thereof to any person or circumstance is declared void, unconstitutional,
or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or
other portion, or the proscribed Application thereof, shall be severable, and the
remaining provisions of this Law, and all applications thereof, not having been declared
void, unconstitutional, or invalid, shall remain in full force and effect.
B) Any Special Use Permit issued under this Law shall be comprehensive and not severable.
If part of a permit is deemed or ruled to be invalid or unenforceable in any material
respect, by a competent authority, or is overturned by a competent authority, the permit
shall be void in total, upon determination by the Town Board.
Section 4. Definitions.
For purposes of this Law, and where not inconsistent with the context of a particular section, the
defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given
in this section. When not inconsistent with the context, words in the present tense include the
future tense. words used in the plural number include words in the singular number and words in
the singular number include the plural number. The word "shall" is always mandatory, and not
merely directory.
1. "Accessory Facility or Structure" means an accessory facility or structure serving or
being used in conjunction with Wireless Telecommunications Facilities, and located on
the same property or lot as the Wireless Telecommunications Facilities , including but
not limited to, utility or transmission equipment storage sheds or cabinets.
2. "Applicant" means and shall include any individual, corporation, estate, trust
partnership,joint stock company, association of two (2) or more persons, limited liability
company, or entity submitting an Application to the Town of Danby for a Special Use
Permit for Wireless Telecommunications Facilities.
3. "Application" means the form approved by the Board, together with all necessary and
appropriate documentation that an Applicant submits in order to receive a Special Use
Permit for Wireless Telecommunications Facilities
4. "Antenna" means a system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency signals which are intended for mobile
communications. Such waves shall include, but not be limited to cellular, paging,
personal Telecommunications services (PCS), and microwave Telecommunications.
5. "Board" means the Planning Board of the Town of Danby.
6. "Co-location" means the use of the same Telecommunications Tower or structure to
carry two or more antennae for the provision of wireless services by two or more persons
or entities.
7. "Commercial Impracticability" or"Commercially Impracticable" shall have the
meaning in this Law and any Special Use Permit granted hereunder as is defined and
applied under the New York Uniform Commercial Code (UCC).
8. "Completed Application" means an Application that contains all information and/or
data necessary to enable the Board to evaluate the merits of the Application, and to make
an informed decision with respect to the effect and impact of Wireless
Telecommunications Facilities on the Town in the context of the permitted land use for
the particular location requested.
9. "Direct-to home satellite services" or"Direct Broadcast Service" or"DBS" means
only programming transmitted or broadcast by satellite directly to subscribers' premises
without the use of ground receiving equipment, except at the subscribers' premises or in
the uplink process to the satellite.
10. "EAF" means the Full Environmental Assessment Form approved by the New York
Department of Environmental Conservation (Appendix A to 6NYCRR SS 617.20) and
includes a Visual EAF Addendum (Appendix B), unless modified by the Town of
Danby, in which event it shall mean the Full Environmental Assessment Form as
approved by the Town..
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11. "EPA" means State and/or Federal Environmental Protection Agency or its duly
assigned successor agency, and includes the New York State Department of
Environmental Conservation...
12. "FAA" means the Federal Aviation Administration, or its duly designated and
authorized successor agency
13. "FCC" means the Federal Communications Commission, or its duly designated and
authorized successor agency.
14. "Free standing Tower" means a Tower that is not supported by guy wires and ground
anchors or other means of attached or external support.
15. "Height" means, when referring to a Tower or structure, the distance measured from the
pre-existing grade level to the highest point on the Tower or structure, even if said
highest point is an Antenna.
16. "NIER" means Non-Ionizing Electromagnetic Radiation
17. "Person" means any individual, corporation, estate, trust, partnership,joint stock
company, association of two (2) or more persons having a joint common interest, or
governmental entity.
18. "Personal Wireless Facility" - See definition for `Wireless Telecommunications
Facilities'.
19. "Personal Wireless Services" or"PWS" or"Personal Telecommunications Service"
or "PCS" shall have the same meaning as defined and used in the 1996
Telecommunications Act.
20. "Telecommunication Site" See definition for Wireless Telecommunications Facilities.
21. "Special Use Permit" means the official document or permit by which an Applicant is
allowed to construct and use Wireless Telecommunications Facilities as granted or
issued by the Town.
22. "State" means the State of New York.
23. "Telecommunications" means the transmission and reception of audio, video, data, and
other information by wire, radio frequency, light, and other electronic or electromagnetic
systems.
24. "Telecommunications Structure" means a structure used in the provision of services
described in the definition of`Wireless Telecommunications Facilities'.
25. "Temporary" means in relation to all aspects and components of this Law, something
intended to, or that does, exist for fewer than ninety (90) days.
26. "Town" means the Town of Danby, New York.
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27. "Wireless Telecommunications Facilities" or"Telecommunications Tower" or"
Telecommunications Site" or"Personal Wireless Facility" means a structure or
location designed, or intended to be used, or used to support Antennas. It includes
without limit, free standing Towers, guyed Towers, monopoles, and similar structures
that employ camouflage technology, including, but not limited to structures such as a
multi-story building, church steeple, silo, water Tower, sign or other similar structures
intended to mitigate the visual impact of an Antenna or the functional equivalent of such.
It is a structure intended for, but not limited to, transmitting and/or receiving cellular,
paging, personal Telecommunications services, 911, commercial satellite service, or
microwave Telecommunications, but excluding those used exclusively for Town fire,
police and other dispatch Telecommunications, or exclusively for private noncommercial
radio and television reception and private noncommercial citizen's bands, amateur radio
and other similar Telecommunications. This definition does not include antennae or
related facilities that are exempted from local regulation by Federal law, such as dishes
less than two (2) meters in size.
Section 5. Overall Policy and Desired Goals for Special Use
Permits for Wireless Telecommunications Facilities.
A) In order to ensure that the placement, construction, and modification of Wireless
Telecommunications Facilities protects the Town's health, safety, public welfare,
environmental features and other aspects of the quality of life specifically listed
elsewhere in this Law, the Town Board adopts an overall policy with respect to a Special
Use Permit for Wireless Telecommunications Facilities for the express purpose of
achieving the following goals:
1) Implementing an Application process for person(s) seeking a Special Use Permit for
Wireless Telecommunications Facilities;
2) Establishing a policy for examining an application for and issuing a Special Use
Permit for Wireless Telecommunications Facilities that is both fair and consistent.
3) Establishing reasonable time frames for granting or not granting a Special Use
Permit for Wireless Telecommunications Facilities, or recertifying or not
recertifying, or revoking the Special Use Permit granted under this Law.
4) Promoting and encouraging, wherever possible, the sharing and/or Co-location of
Wireless Telecommunications Facilities among service providers;
5) Promoting and encouraging, wherever possible, the placement, height and quantity
of Wireless Telecommunications Facilities in such a manner as to minimize adverse
aesthetic impacts to the land, property, buildings, and other facilities adjacent to,
surrounding, and in generally the same area as the requested location of such
Wireless Telecommunications Facilities.
B) For the siting of Wireless Telecommunications Facilities, if any provision of this Local
Law conflicts with any of the zoning laws of the Town of Danby, including the Town of
Danby Zoning Ordinance, this Local Law takes precedence.
Section 6. Special Use Permit Application and Other
Requirements.
A) All Applicants for a Special Use Permit for Wireless Telecommunications Facilities or
any modification of such facility shall comply with the requirements set forth in this
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section. The Board is the officially designated agency or body of the community to
whom applications for a Special Use Permit for Wireless Telecommunications Facilities
must be made, and that is authorized to review, analyze, evaluate and make decisions
with respect to granting or not granting, recertifying or not recertifying, or revoking
special use permits for Wireless Telecommunications Facilities. The Board may at its
discretion delegate or designate other official agencies of the Town to accept, review,
analyze, evaluate and make recommendations to the Board with respect to the granting or
not granting, recertifying or not recertifying or revoking special use permits for Wireless
Telecommunications Facilities.
B) An Application for a Special Use Permit for Wireless Telecommunications Facilities
shall be signed on behalf of the Applicant by the person preparing the same and with
knowledge of the contents and representations made therein and attesting to the truth and
completeness of the information. The landowner, if different than the Applicant, shall
also sign the Application. At the discretion of the Board, any false or misleading
statement in the Application may subject the Applicant to denial of the Application
without further consideration or opportunity for correction.
C) Applications not meeting the requirements stated herein or which are otherwise
incomplete, may be rejected by the Board.
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D) The Applicant shall include a statement in writing:
1) That the applicant's proposed Wireless Telecommunications Facilities shall be
maintained in a safe manner, and in compliance with all conditions of the Special Use
Permit, without exception, unless specifically granted relief by the Board in writing, as
well as all applicable and permissible local codes, ordinances, and regulations, including
any and all applicable County, State and Federal Laws, rules, and regulations;
2) That the construction of the Wireless Telecommunications Facilities is legally
permissible, including, but not limited to the fact that the Applicant is authorized
to do business in New York State.
E) No Wireless Telecommunications Facilities shall be installed or constructed and no site
preparation beyond surveying and necessary preliminary testing shall occur until the site
plan is reviewed and approved by the Board, and the Special Use Permit has been issued.
F) All applications for the construction or installation of new Wireless
Telecommunications Facilities shall be accompanied by a report containing the
information hereinafter set forth. The report shall be signed by a licensed professional
engineer registered in the State. Where this section calls for certification, such
certification shall be by a qualified New York State licensed Professional Engineer
acceptable to the Board, unless otherwise noted. The Application shall include, in
addition to the other requirements for the Special Use Permit, the following information:
1) Documentation that demonstrates the need for the Wireless Telecommunications
Facility to provide service primarily within the Town;
2) Name, address and phone number of the person preparing the report;
3) Name, address, and phone number of the property owner, operator, and
Applicant, to include the legal form of the Applicant;
4) Postal address and tax map parcel number of the property;
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5) Zoning District or designation in which the property is situated;
6) Size of the property stated both in square feet and lot line dimensions, and a
diagram showing the location of all lot lines;
7) Location of nearest residential structure;
8) Location of nearest habitable structure;
9) Location, size and height of all structures on the property which is the subject of
the Application;
10) Location, size and height of all proposed and existing antennae and all
appurtenant structures;
11) Type, size and location of all proposed and existing landscaping, including
fencing;
12) The number, type and design of the Telecommunications Tower(s) Antenna(s)
proposed and the basis for the calculations of the Telecommunications Tower's
capacity to accommodate multiple users;
13) The make, model and manufacturer of the Tower and Antenna(s);
14) A description of the proposed Tower and Antenna(s) and all related fixtures,
structures, appurtenances and apparatus, including height above pre-existing
grade, materials, color and lighting;
15) The frequency, modulation and class of service of radio or other transmitting
equipment;
16) Transmission and maximum effective radiated power of the Antenna(s);
17) Direction of maximum lobes and associated radiation of the Antenna(s);
18) Applicant's proposed Tower maintenance and inspection procedures and related
system of records;
19) Certification that NIER levels at the proposed site are within the threshold levels
adopted by the FCC;
20) Certification that the proposed Antenna(s) will not cause interference with
existing telecommunications devices, though the certifying engineer need not be
approved by the Board;
21) A copy of the FCC license applicable for the use of Wireless
Telecommunications Facilities;
22) Certification that a topographic and geomorphologic study and analysis has been
conducted, and that taking into account the subsurface and substrata, and the
proposed drainage plan, that the site is adequate to assure the stability of the
proposed Wireless Telecommunications Facilities on the proposed site, though
the certifying engineer need not be approved by the Board;
23) Propagation studies of the proposed site and all adjoining proposed or in-service
or existing sites.
24) Applicant shall disclose in writing any agreement in existence prior to
submission of the Application that would limit or preclude the ability of the
Applicant to share any new Telecommunication Tower that it constructs.
25) A copy of the lease or rental agreement, in the instance where the proposed site
is to be rented or leased.
G) In the case of a new Telecommunication Tower, the Applicant shall be required to
submit a written report demonstrating its efforts to secure shared use of existing
Telecommunications Tower(s) or use of existing buildings or other structures within the
town. Copies of written requests and responses for shared use shall be provided to the
Board.
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H) The Applicant shall furnish written certification that the Wireless Telecommunication
Facility, foundation and attachments are designed and will be constructed ("As Built")
to meet all local, County, State and Federal structural requirements for loads, including
wind and ice loads. If the Wireless Telecommunications Facility is subsequently
approved and constructed, similar "As Built" certification indicating that the Facility
has been constructed in accordance with all standards shall be furnished prior to the
Town issuance of any Certificate of Occupancy.;
I) After construction and prior to receiving a Certificate of Occupancy, the Applicant shall
furnish written certification that the Wireless Telecommunications Facilities are
grounded and bonded so as to protect persons and property and installed with
appropriate surge protectors.
J) The Applicant shall submit a completed Full EAF and a completed Visual
EAF addendum. Based on the results of the Visual EAF addendum, the Board may
require submission of a more detailed visual analysis. The scope of the required
environmental and visual assessment will be reviewed at the pre-application meeting.
K) The Applicant shall furnish a Visual Impact Assessment which shall include:
1) A" Zone of Visibility Map" which shall be provided in order to determine
locations where the Tower may be seen.
2) Pictorial representations of"before and after" views from key viewpoints both
inside and outside of the Town, including but not limited to state highways and
other major roads; state and local parks; other public lands; historic districts;
preserves and historic sites normally open to the public; and from any other
location where the site is visible to a large number of visitors, travelers or
residents. The Board, acting in consultation with its consultants or experts, will
provide guidance concerning the appropriate key sites at a pre-application
meeting.
3) An assessment of the visual impact of the Tower base, guy wires and accessory
buildings from abutting and adjacent properties and streets.
L) Any and all representations made by the Applicant to the Board, on the record, during
the Application process, whether written or verbal, shall be deemed a part of the
Application and may be relied upon in good faith by the Board.
M) The Applicant shall, in a manner approved by the Board, demonstrate and provide in
writing and/or by drawing how it shall effectively screen from view its proposed
Wireless Telecommunications Facilities base and all related facilities and structures.
N) All utilities at a Wireless Telecommunications Facilities site shall be installed
underground and in compliance with all Laws, rules and regulations of the Town,
including specifically, but not limited to, the National Electrical Safety Code and the
National Electrical Code where appropriate. The Board may waive or vary the
requirements of underground installation of utilities whenever, in the opinion of the
Board, such variance or waiver shall not be detrimental to the health, safety, general
welfare and environment, including the visual and scenic characteristics of the area.
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0) All Wireless Telecommunications Facilities shall contain a demonstration that the
Facility will be sited so as to have the least adverse visual effect on the environment and
its character, on existing vegetation, and on the residences in the area of the Wireless
Telecommunications Facilities sites.
P) Both the Wireless Telecommunications Facility and any and all accessory or associated
facilities shall maximize use of building materials, colors and textures designed to blend
with the structure to which it may be affixed and/or to harmonize with the natural
surroundings.
Q) At a Telecommunications Site, an access road and parking shall be provided to assure
adequate emergency and service access. Maximum use of existing roads, whether public
or private, shall be made to the extent practicable. Road construction shall at all times
minimize ground disturbance and vegetation-cutting. Road grades shall closely follow
natural contours to assure minimal visual disturbance and reduce soil erosion.
R) A person who holds a Special Use Permit for Wireless Telecommunications Facilities
shall construct, operate, maintain, repair, provide for removal of, modify or restore the
permitted Wireless Telecommunications Facilities in strict compliance with all current
applicable technical, safety and safety-related codes adopted by the Town, County,
State, or United States, including but not limited to the most recent editions of the
National Electrical Safety Code and the National Electrical Code, as well as accepted
and responsible workmanlike industry practices and recommended practices of the
National Association of Tower Erectors. The codes referred to are codes that include,
but are not limited to, construction, building, electrical, fire, safety, health, and land use
codes. In the event of a conflict between or among any of the preceding the more
stringent shall apply.
S) A holder of a Special Use Permit granted under this Law shall obtain, at its own
expense, all permits and licenses required by applicable law, rule, regulation or code,
and must maintain the same, in full force and effect, for as long as required by the Town
or other governmental entity or agency having jurisdiction over the applicant.
T) With respect to this application process, the Board intends to be the lead agency,
pursuant to SEQRA. The Board shall conduct an environmental review of the proposed
project in combination with its review of the Application under this Law. Unless
otherwise classified by the Board for good cause shown, all actions subject to
application shall be classified as Type I actions for purposes of environmental review.
U) An Applicant shall submit to the Town Clerk the number of completed Applications
determined to be needed at the pre-application meeting. A copy of the Application shall
be provided to the legislative body of all adjacent municipalities and to the County
Planning Department.
V) The Applicant shall examine the feasibility of designing a proposed
Telecommunications Tower to accommodate future demand for at least two (2)
additional commercial applications, for example, future Co-locations. The scope of this
examination shall be determined by the Board. The Telecommunications Tower shall be
structurally designed to accommodate at least two (2) additional Antenna Arrays equal
to those of the Applicant, and located as close to the Applicant's Antenna as possible
without causing interference. This requirement may be waived, provided that the
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Applicant, in writing, demonstrates that the provisions of future shared usage of the
Telecommunications Tower is not technologically feasible, is Commercially
Impracticable or creates an unnecessary and unreasonable burden, based upon:
1) The number of FCC licenses foreseeably available for the area;
2) The kind of Wireless Telecommunications Facilities site and structure
proposed;
3) The number of existing and potential licenses without Wireless
Telecommunications Facilities spaces/sites;
4) Available space on existing and approved Telecommunications Towers.
W) The applicant shall submit to the Board a letter of intent committing the owner of the
proposed new Tower, and his/her successors in interest, to negotiate in good faith for
shared use of the proposed Tower by other Telecommunications providers in the future.
This letter shall be filed with the Board. Failure to abide by the conditions outlined in
the letter may be grounds for revocation of the Special Use Permit. The letter shall
commit the new Tower owner and his/her successors in interest to:
1) Respond within 60 days to a request for information from a potential shared-
use
applicant.
2) Negotiate in good faith concerning future requests for shared use of the new
Tower by other Telecommunications providers.
3) Allow shared use of the new Tower if another Telecommunications provider
agrees in writing to pay reasonable charges. The charges may include, but are
not limited to, a pro rata share of the cost of site selection, planning, project
administration, land costs, site design, construction and maintenance financing,
return on equity, less depreciation, and all of the costs of adapting the Tower or
equipment to accommodate a shared user without causing electromagnetic
interference.
X) Unless waived by the Board, there shall be a pre-application meeting to be attended by
the Applicant, a Town official or representative, and the Town's consultants. The
purpose of the pre-application meeting will be to address issues which will help to
expedite the review and permitting process including any requests for relief per Section
29. A pre-application meeting may also include a site visit if required. Where the
Application is for the shared use of an existing Telecommunications Tower(s) or other
high structure, the Applicant should seek to waive any section or sub-section of this
Law that may not be required. Costs of the Town's consultants to prepare for and attend
the pre-application meeting will be borne by the applicant upon invoice by the Town.
Y) In order to better inform the public, in the case of a new Telecommunication Tower, the
applicant shall prior to the public hearing on the application, hold a"balloon test" as
follows: Applicant shall arrange to fly, or raise upon a temporary mast, a minimum of a
three (3) foot diameter brightly colored balloon at the maximum height of the proposed
new Tower. The dates, (including a second date, in case of poor visibility on the initial
date) times and location of this balloon test shall be advertised, by the Applicant, at
seven (7) and fourteen (14) days in advance of the first test date in a newspaper with a
general circulation in the Town and agreed to by the Board. The Applicant shall inform
the Board, in writing, of the dates and times of the test, at least fourteen (14) days in
advance. The balloon shall be flown for at least eight consecutive hours sometime
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between 7:00 am and 4:00 pm of the dates chosen. The primary date shall be on a week-
end, but the second date, in case of poor visibility on the initial date, may be on a week
day.
Z) The applicant will provide a written copy of an analysis, completed by a qualified
individual or organization, to determine if the Telecommunications Tower or existing
structure intended to support wireless facilities requires lighting under Federal Aviation
Regulation Part 77. This requirement shall be for any new tower, or for an existing
structure or building where the application increases the height of the structure or
building. If this analysis determines, that the FAA must be contacted, then all filings
with the FAA, all responses from the FAA and any related correspondence shall be
provided in a timely manner .
AA)The holder of a Special Use Permit shall notify the Town of Danby of any intended
modification of a Wireless Telecommunication Facility and shall apply to the Town to
modify, relocate or rebuild a Wireless Telecommunications Facility.
Section 7. Location of Wireless Telecommunications Facilities.
A) Applicants for Wireless Telecommunications Facilities shall locate, site and erect said
Wireless Telecommunications Facilities in accordance with the following priorities, one
(1) being the highest priority and five (5) being the lowest priority.
1) On existing Telecommunications Towers or other tall structures;
2) Co-location on a site with existing Wireless Telecommunications Facilities or
structures.
3) In a Low Density Residential Zone where there are no existing residences within
one thousand (1000) feet of the property lines of the proposed site.
4) In a Low Density Residential Zone.
5) On other property in the Town.
B) If the proposed property site is not the highest priority listed above, then a detailed
explanation must be provided as to why a site of a higher priority was not selected. The
person seeking such an exception must satisfactorily demonstrate the reason or reasons
why such a permit should be granted for the proposed site, and the hardship that would
be incurred by the Applicant if the permit were not granted for the proposed site.
C) An Applicant may not by-pass sites of higher priority by stating the site presented is the
only site leased or selected. An Application shall address Co-location as an option and if
such option is not proposed, the applicant must explain why Co-location is
Commercially or otherwise Impracticable. Agreements between providers limiting or
prohibiting Co-location, shall not be a valid basis for any claim of Commercial
Impracticability or hardship.
D) Notwithstanding the above, the Board may approve any site located within an area in the
above list of priorities, provided that the Board finds that the proposed site is in the best
interest of the health, safety and welfare of the Town and its inhabitants.
E) The Applicant shall submit a written report demonstrating the Applicant's review of the
above locations in order of priority, demonstrating the technological reason for the site
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selection. If the site selected is not the highest priority, then a detailed written
explanation as to why sites of a higher priority were not selected shall be included with
the Application.
'F) The Applicant shall, in writing, identify and disclose the number and locations of any
additional sites that the Applicant has been, is, or will be considering, reviewing or
planning for Wireless Telecommunications Facilities in the Town, and all municipalities
adjoining the Town, for a two year period following the date of the Application.
G) Notwithstanding that a potential site may be situated in an area of highest priority or
highest available priority, the Board may disapprove an Application for any of the
following reasons:
1) Conflict with safety and safety-related codes and requirements;
2) Conflict with traffic needs or traffic laws, or definitive plans for changes in
traffic flow or traffic laws;
3) Conflict with the historic nature of a neighborhood or historical district;
4) The use or construction of Wireless Telecommunications Facilities which is
contrary to an already stated purpose of a specific zoning or land use
designation; or
5) The placement and location of Wireless Telecommunications Facilities which
would create an unacceptable risk, or the probability of such, to residents, the
public, employees and agents of the Town, or employees of the service provider
or other service providers: or
6) Conflicts with the provisions of this Law.
Section 8. Shared use of Wireless Telecommunications Facilities
and other structures.
A) Shared use of existing Wireless Telecommunications Facilities shall be preferred by the
Town, as opposed to the proposed construction of a new Telecommunications Tower.
Where such shared use is unavailable, location of Antennas on other pre-existing
structures shall be considered and preferred. The Applicant shall submit a comprehensive
report inventorying existing Towers and other appropriate structures within four(4)
miles of any proposed new Tower Site, unless the Applicant can show that some other
distance is more reasonable, and outlining opportunities for shared use of existing
facilities and the use of other pre-existing structures as a preferred alternative to new
construction.
An Applicant intending to share use of an existing Telecommunications Tower or other
structure shall be required to document the intent of the existing owner to share use. In
the event an Application to share the use of an existing Telecommunications Tower does
not increase the height of the Telecommunications Tower, the Board may waive such
requirements of the Application required by this Local Law as may otherwise be
applicable for good cause shown to be unnecessary.
B) Such shared use shall consist only of the minimum Antenna array technologically
required to provide service within the Town, to the extent practicable, unless good cause
is shown.
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Section 9. Height of Telecommunications Tower(s).
A) Notwithstanding any provision of the Town's Zoning Ordinance or Laws, the Board, if
satisfied the criteria for issuance of a Special Use Permit hereunder have been met, is
authorized to allow construction of Wireless Telecommunications Facilities in excess of
heights permitted by such Zoning Ordinance or Law, subject to the requirements of this
Local Law.
B) The Applicant must submit documentation justifying to the Board the total height of any
Telecommunications Tower, Facility and/or Antenna and the basis therefor. Such
justification may include providing service within the Town, to the extent practicable, or
service to other areas in need of same.
C) Telecommunications Towers shall be no higher than the minimum height necessary.
Unless waived by the Board upon good cause shown, the maximum height shall be one
hundred-ten (110) feet, based on three (3) colocated antenna arrays and ambient tree
height of eighty(80) feet.
D) Unless waived by the Board for good cause, and not withstanding the foregoing, the
maximum height of any Telecommunications Tower and attached Antennas constructed
after the effective date of this Law shall not exceed that which shall permit operation
without artificial lighting of any kind, in accordance with municipal, County, State,
and/or any federal Law and/or regulation.
Section 10. Visibility of Wireless Telecommunications Facilities.
A) Wireless Telecommunications Facilities shall not be artificially lighted or marked,
except as required by Law.
B) Telecommunications Towers shall be of a galvanized finish, or painted with a rust-
preventive paint of an appropriate color to harmonize with the surroundings as approved
by the Board, and shall be maintained in accordance with the requirements of this Law.
C) If lighting is required, Applicant shall provide a detailed plan for sufficient lighting of as
unobtrusive and inoffensive an effect as is permissible under state and federal
regulations, and an artist's rendering or other visual representation showing the effect of
light emanating from the site on neighboring habitable structures within fifteen-hundred
(1,500) feet of all property lines of the parcel on which the Wireless
Telecommunications Facilities are located.
D) If lighting is required, Applicant shall present a detailed plan showing the mitigation of
adverse impacts to night-migrating birds.
Section 11. Security of Wireless Telecommunications Facilities.
All Wireless Telecommunications Facilities and Antennas shall be located, fenced or
otherwise secured in a manner which prevents unauthorized access. Specifically as follows:
1) All Antennas, Towers and other supporting structures, including guy wires, shall
be made inaccessible to individuals and constructed or shielded in such a manner
that they cannot be climbed or run into; and
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2) Transmitters and Telecommunications control points must be installed such that
they are readily accessible only to persons authorized to operate or service them.
Section 12. Signage.
Wireless Telecommunications Facilities shall contain a sign no larger than four(4) square
feet to provide adequate notification to persons in the immediate area of the presence of an
Antenna that has transmission capabilities. The sign shall contain the name(s) of the
owner(s) and operator(s) of the Antenna(s) as well as emergency phone number(s). The sign
shall be located so as to be visible from the access point of the site. The sign shall not be
lighted unless the Board shall have allowed such lighting or unless such lighting is required
by applicable provisions of law. No other signage, including advertising, shall be permitted
on any facilities, Antennas, Antenna supporting structures or Antenna Towers, unless
required by Law.
Section 13. Lot Size and Setbacks.
All proposed Wireless Telecommunications Facilities shall be set back from abutting parcels,
recorded rights-of-way and road and street lines by a distance equal to the height of the Wireless
Telecommunications Facility or the existing yard requirements of the underlying zoning district,
whichever are greater. Any Accessory structure shall be located so as to comply with the
applicable minimum yard requirements for the zoning district in which it is situated.
Section 14. Retention of Expert Assistance and Reimbursement
by Applicant.
A) The Board may hire any consultant, engineer, attorney, or other expert necessary to assist
the Board in reviewing and evaluating the Application and any requests for
recertification.
B) An Applicant shall deposit with the Town funds sufficient to reimburse the Town for all
reasonable costs of consultant and expert evaluation and consultation to the Board in
connection with the review of any Application, and for any review, inspection, or similar
fees with respect to Site Plan Approval applications and review(including the Code
Enforcement Officer's time in reviewing the same) payable to the Town pursuant to
legislation or resolutions authorizing same such as Town of Danby Resolution 72-1991
as the same may be amended or superseded from time to time. Notwithstanding the
terms of any such resolution, the initial deposit shall be $7,500.00. These funds shall
accompany the filing of an Application and the Town will maintain a separate escrow
account for all such funds. The Town's consultants/experts shall bill or invoice the Town
no more frequently than monthly for their services in reviewing the Application and
performing their duties. If at any time during the review process this escrow account has
a balance less than $2,500.00, Applicant shall immediately, upon notification by the
Town, replenish said escrow account so that it has a balance of at least$2,500.00. Such
additional escrow funds must be deposited with the Town before any further action or
consideration is taken on the Application. In the event that the amount held in escrow by
the Town is more than the amount of the actual billing or invoicing at the conclusion of
the review process, the difference shall be promptly refunded to the Applicant.
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C) The total amount of the funds set forth in subsection (B) of this section may vary with
the scope and complexity of the project,the completeness of the Application and other
information as may be needed by the Board or its consultants/experts to complete the
necessary review and analysis. Additional escrow funds, as reasonably required and
requested by the Town, shall be paid by the Applicant.
Section 15. Exceptions from a Special Use Permit for Wireless
Telecommunications Facilities.
A. No person shall be permitted to site, place, build, construct or modify, or prepare any site
for the placement or use of Wireless Telecommunications Facilities after the effective
date of this Law without having first obtained a Special Use Permit for Wireless
Telecommunications Facilities.Notwithstanding anything to the contrary in this section,
no Special Use Permit shall be required for those exceptions noted in the definition of
Wireless Telecommunications Facilities.,
B) New construction, including modification of existing Wireless Telecommunications
Facilities, shall comply with the requirements of this Law.
C) All Wireless Telecommunications Facilities existing on or before the effective date of
this Law shall be allowed to continue as they presently exist, provided however, that any
modification to existing Wireless Telecommunications Facilities must comply with this
Law.
Section 16. Public Hearing and Notification Requirements.
A) Prior to the approval of any Application for a Special Use Permit for Wireless
Telecommunications Facilities, a public hearing shall be held by the Board, notice of
which shall be mailed to the applicant and shall be posted and published in the official
Town newspaper at least 5 days prior to the date of such hearing, such notice to include
the nature of the request and the time and place at which it will be heard.
B) Notice of hearing as described in Subsection (A) of this Section, and as provided in
Town Law are the only notifications required. However, in order to promote public
information, it is a policy of the Town that a similar notice of any such public hearing be
mailed by the Town at least 5 days prior to the date of such hearing to all owners of
property within 1500 feet of the property lines of the lot on which the proposed new
Wireless Telecommunications Facilities are proposed to be located. The Applicant, at
least three (3) weeks prior to the date of said public hearing, shall be required to provide
to the Town a list with the names and addresses of all said owners of property.
C) Failure of the Applicant to provide said list of owners of property, and/or the failure of
the Town to notify the property owners on said list shall not be jurisdictional defects, and
any action taken by any board, employee, or agent of the Town in connection with such
hearing shall not be nullified or voidable by reason of the failure to provide such
notification. However, the failure of the Applicant to provide said list of owners of
property and/or the inadvertent failure of the Town to provide such notification may be
grounds, should the Board in its discretion so determine, to decline to conduct a
scheduled public hearing. The Board may, on good cause shown, waive the above
described policy of property owner notification.
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D) No public hearing shall be held until the Board finds the application to be complete. The
Board, at any stage prior to issuing a Special Use Permit, may require such additional
information as it deems necessary.
Section 17. Action on an Application for a Special Use Permit for
Wireless Telecommunications Facilities.
A) The Board will undertake a review of an Application pursuant to this Law in a timely
fashion, consistent with its responsibilities under the New York State Environmental
Quality Review Act and related regulations ("SEQRA"), and shall act within a
reasonable period of time given the relative complexity of the Application and the
circumstances, with due regard for the public's interest and need to be involved, and the
Applicant's desire for a timely resolution and, to the extent applicable, in accordance
with the time limits under SEQRA and the Town Law.
B) The Board may refer any Application or part thereof to any advisory or other committee
for a non-binding recommendation.
C) Except for necessary building and related construction permits, and subsequent
Certificates of Occupancy or Certificates of Compliance, and the Special Use Permit
required by this Local Law, no additional permits or approvals from the Town shall be
required for Wireless Telecommunications Facilities covered by this Law.
D) After the public hearing and after formally considering the Application, the Board may
approve and issue, or deny a Special Use Permit. Its decision shall be in writing and shall
be supported by substantial evidence contained in a written record. The burden of proof
for the grant of the permit shall always be upon the Applicant.
E) If the Board approves the Special Use Permit for Wireless Telecommunications
Facilities, then the Applicant shall be notified of such approval in writing within ten (10)
calendar days of the Board's action, and the Special Use Permit shall be issued within
thirty (30) calendar days after such approval.
F) If the Board denies the Special Use Permit for Wireless Telecommunications Facilities,
then the Applicant shall be notified of such denial in writing within ten (10) calendar
days of the Board's action.
Section 18. Recertification of a Special Use Permit for Wireless
Telecommunications Facilities.
A) At any time between twelve (12) months and six(6) months prior to the five (5)year
anniversary date after the effective date of the Special Use Permit and all subsequent
fifth anniversaries of the effective date of the original Special Use Permit for Wireless
Telecommunications Facilities, the holder of a Special Use Permit for such Wireless
Telecommunication Facilities shall submit a signed written request to the Board for
recertification. In the written request for recertification, the holder of such Special Use
Permit shall note the following:
1) The name of the holder of the Special Use Permit for the Wireless
Telecommunications Facilities;
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2) If applicable, the number or title of the Special Use Permit;
3) The date of the original granting of the Special Use Permit;
4) Whether the Wireless Telecommunications Facilities have been moved, re-
located, rebuilt„ or otherwise modified since the issuance of the Special Use
Permit and if so, in what manner;
5) If the Wireless Telecommunications Facilities have been moved, re-located,
rebuilt, or otherwise modified, then whether the Board approved such action,
and under what terms and conditions, and whether those terms and conditions
were met;
6) Any requests for waivers or relief of any kind whatsoever from the requirements
of this Law and any requirements for a Special Use Permit;
7) That the Wireless Telecommunications Facilities are in compliance with the
Special Use Permit and compliance with all applicable codes, Laws, rules and
regulations; and
8) Recertification that the Telecommunication Tower and attachments are designed
and constructed ("As Built") in accordance with, and continue to meet all local,
County, State and Federal structural requirements for loads, including wind and
ice loads. Such recertification shall be by a qualified New York State Licensed
Professional Engineer acceptable to the Board, the cost of which shall be borne
by the Applicant.
B) If, after such review, the Board determines that the permitted Wireless
Telecommunications Facilities are in compliance with the Special Use Permit and all
applicable statutes, laws, local laws, ordinances, codes, rules and regulations, then the
Board shall issue recertification for the Special Use Permit for the Wireless
Telecommunications Facilities, which may include any new provisions or conditions that
are mutually agreed upon, or required by applicable statutes, laws, local laws,
ordinances, codes, rules and regulations. If, after such review, the Board determines that
the permitted Wireless Telecommunications Facilities are not in compliance with the
Special Use Permit and all applicable statutes, local laws, ordinances, codes, rules and
regulations, then the Board may refuse to issue a recertification for the Special Use
Permit for the Wireless Telecommunications Facilities, and in such event, such Wireless
Telecommunications Facilities shall not be used after the date that the Applicant receives
written notice of such decision by the Board. Any such decision shall be in writing and
supported by substantial evidence contained in a written record.
C) If the Applicant has submitted all of the information requested by the Board and required
by this Law, and if the Board does not complete its review, as noted in subsection (B) of
this section, prior to the five (5)year anniversary date of the Special Use Permit, or
subsequent fifth anniversaries,then the Applicant for the permitted Wireless
Telecommunications Facilities shall receive an extension of the Special Use Permit for
up to six(6) months, in order for the Board to complete its review.
D) If the holder of a Special Use Permit for Wireless Telecommunications Facilities does
not submit a request for recertification of such Special Use Permit within the timeframe
noted in subsection (A) of this section, then such Special Use Permit and any
authorizations granted thereunder shall cease to exist on the date of the fifth anniversary
of the original granting of the Special Use Permit, or subsequent fifth anniversaries,
unless the holder of the Special Use Permit adequately demonstrates to the Board that
extenuating circumstances prevented a timely recertification request. If the Board agrees
that there were legitimately extenuating circumstances, then the holder of the Special
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Use Permit may submit a late recertification request or Application for a new Special
Use Permit. In no event shall a late recertification request be entertained beyond five
years six months of the applicable date of issuance or prior recertification. Any
application filed later than five years six months shall be for a new Special Use Permit.
Section 19. Extent and Parameters of Special Use Permit for
Wireless Telecommunications Facilities.
The extent and parameters of a Special Use Permit for Wireless Telecommunications
Facilities shall be as follows:
1) such Special Use Permit shall be non-exclusive;
2) such Special Use Permit shall not be assigned, transferred or conveyed without the
express prior written consent of the Board, and such consent shall not be
unreasonably withheld or delayed;
3) such Special Use Permit may, following a hearing upon at least five days prior notice
to the holder of such Permit, be revoked, canceled, or terminated for a violation of
the conditions and provisions of the Special Use Permit for Wireless
Telecommunications Facilities, or for a material violation of this Law.
Section 20. Application Fee.
A) At the time that a person submits an Application for a Special Use Permit for a new
Telecommunications Tower, such person shall pay an application fee of $1,000.00 to the
Town. If the Application is for a Special Use Permit for colocating on an existing
Telecommunications Tower or high structure, where no increase in height of the Tower
or structure is required, the fee shall be $500.00.
B) A fee of$200.00 is required in order to recertify a Special Use Permit for Wireless
Telecommunications Facilities, unless there has been a modification of the Wireless
Telecommunications Facilities since the date of the issuance of the existing Special Use
Permit for which the conditions of the Special Use Permit have not previously been
modified.. In the case of any modification, the fees provided in Subsection (A) shall
apply.
Section 21. Performance Security.
The owner of record of any proposed Wireless Telecommunications Facilities property site
and/or the holder of the Special Use Permit if issued, shall at its cost and expense, be
required to execute and file with the Town a bond, or other form of security acceptable to the
Town as to type of security and the form and manner of execution, in an amount of at least
$75,000.00 and with such sureties as are deemed sufficient by the Board to assure the
faithful performance of the terms and conditions of this Law and conditions of any Special
Use Permit issued pursuant to this Law. The full amount of the bond or security shall remain
in full force and effect throughout the term of the Special Use Permit and/or until the
removal of the Wireless Telecommunications Facilities and any necessary site restoration is
completed. Documentation related to periodic renewal of any such bond or security shall be
filed with the Town. The failure to pay any annual premium for the renewal of any such
security shall be a violation of the provisions of the Special Use Permit and shall entitle the
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Board to revoke the Special Use Permit after prior written notice to the holder of the permit
and after a hearing upon due prior notice to the holder of the Special Use Permit. The
security may be used by the Town at any time the Town incurs expense because of the
failure of the holder to comply with the terms of this Local Law or the terms of any Special
Use Permit issued to the holder under this Law.
Section 22. Reservation of Authority to Inspect Wireless
Telecommunications Facilities.
A) In order to verify that the holder of a Special Use Permit for Wireless
Telecommunications Facilities and any and all lessees, renters, and/or licensees of
Wireless Telecommunications Facilities, place and construct such facilities, including
Towers and Antennas, in accordance with all applicable technical, safety, fire, building,
and zoning codes, Laws, ordinances and regulations and other applicable requirements,
the Town may inspect all facets of said permit holder's, renter's, lessee's or licensee's
placement, construction, modification and maintenance of such facilities, including, but
not limited to, Towers, Antennas and buildings or other structures constructed or located
on the permitted site.
B) The costs associated with such an inspection conducted in the normal course of
administering a building permit shall be paid by the Town. The costs of any other
inspections shall be paid for by such permit holder, lessee, or licensee.
C) Payment of such costs shall be made to the Town within thirty(30) days from the date of
the invoice or other demand for reimbursement. In the event that the finding(s) of
violation is/are appealed in accordance with the procedures set forth in this Law, said
reimbursement payment must still be paid to the Town and the reimbursement shall be
placed in an escrow account established by the Town specifically for this purpose,
pending the final decision on appeal.
Section 23. Annual NIER Certification.
The holder of the Special Use Permit shall, annually, certify in writing to the Town that
NIER levels at the site are within the threshold levels adopted by the FCC. The certifying
engineer must be licensed to practice engineering in the State of New York, but need not be
approved by the Board.
Section 24. Liability Insurance.
A) A holder of a Special Use Permit for Wireless Telecommunications Facilities shall
secure and at all times maintain public liability insurance for personal injuries, death and
property damage, and umbrella insurance coverage, for the duration of the Special Use
Permit in amounts as set forth below
1) Commercial General Liability covering personal injuries, death and property
damage: $1,000,000 per occurrence/$2,000,000 aggregate;
2) Automobile Coverage: $1,000,000.00 per occurrence/$2,000,000 aggregate;
3) Workers Compensation and Disability: Statutory amounts.
B) The Commercial General liability insurance policy shall specifically include the Town
and its officers, boards, employees, committee members, attorneys, agents and
consultants as additional named insureds.
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C) The insurance policies shall be issued by an agent or representative of an insurance
company licensed to do business in the State and with a Best's rating of at least A.
D) The insurance policies shall contain an endorsement obligating the insurance company to
furnish the Town with at least thirty (30) days prior written notice in advance of the
cancellation of the insurance.
E) Renewal or replacement policies or certificates shall be delivered to the Town at least
fifteen (15) days before the expiration of the insurance which such policies are to renew
or replace.
F) Before construction of a permitted Wireless Telecommunications Facility is initiated, but
in no case later than fifteen (15) days after the grant of the Special Use Permit, the holder
of the Special Use Permit shall deliver to the Town a copy of each of the policies or
certificates representing the insurance in the required amounts.
Section 25. Indemnification.
Any application for Wireless Telecommunication Facilities that is proposed for Town
property, pursuant to this Law, shall contain a provision with respect to indemnification of
the Town. Such provision shall require the applicant to the extent permitted by the Law, to at
all times defend, indemnify, protect, save, hold harmless, and exempt the Town, officials of
the Town, its officers, agents, servants, and employees, from any and all penalties, damage,
or charges arising out of any and all claims, suits, demands, causes of action, or award of
damages, whether compensatory or punitive, or expenses arising therefrom, either at Law or
in equity, which might arise out of, or are caused by, the construction, erection, modification,
location, products performance, operation, maintenance, repair, installation, replacement,
removal, or restoration of said Wireless Telecommunications Facilities. With respect to the
penalties, damages or charges referenced herein, reasonable attorneys' fees, consultants'
fees, and expert witness fees are included in those costs that are recoverable by the Town.
Section 26 Fines.
A) In the event of a violation of this Law or any Special Use Permit issued pursuant to this
Law, the Town may impose and collect, and the holder of the Special Use Permit for a
Telecommunications Tower shall pay to the Town, fines or penalties as set forth in
Section 268 of the Town Law of the State of New York as the same may be amended
from time to time.
B) Notwithstanding anything in this Law, the holder of the Special Use Permit for a
Telecommunications Tower may not use the payment of fines, liquidated damages or
other penalties, to evade or avoid compliance with this Law or any Section of this Law.
An attempt to do so shall subject the holder of the Special Use Permit to termination
and revocation of the Special Use Permit. The Town may also seek injunctive relief to
prevent the continued violation of this Law.
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Section 27. Default and/or Revocation.
A) If Wireless Telecommunications Facilities are repaired, rebuilt, placed, moved, re-
located, modified or maintained in a way that is inconsistent or not in compliance with
the provisions of this Law or of the Special Use Permit, then the Board shall notify the
holder of the Special Use Permit in writing of such violation. Such notice shall specify
the nature of the violation or non-compliance and that the violations must be corrected
within seven (7) days of the date of the postmark of the Notice, or of the date of personal
service of the Notice, whichever is earlier.
B) If within the period set forth in (A) above the Wireless Telecommunications Facilities
are not brought into compliance with the provisions of this Law, or of the Special Use
Permit, or substantial steps are not taken in order to bring the affected Wireless
Telecommunications Facilities into compliance,then the Board may revoke such Special
Use Permit for Wireless Telecommunications Facilities, and shall, offer a hearing on at
least five days prior notice to the holder of the Special Use Permit, notify the holder of
the Special Use Permit within forty-eight(48) hours of such action.
Notwithstanding anything to the contrary in this subsection or any other Section of
this Law, if the violation causes, creates, or presents an imminent danger to the health or
safety of lives or property, the Board may, at its sole discretion, order the violation
remedied within twenty-four(24) hours. In such event, a hearing shall be held by the
Board on such notice as is reasonable to the applicant, and in any event within five (5)
business days of such emergency revocation. Pending the hearing, the revocation shall
continue in effect.
Section 28. Removal of Wireless Telecommunications Facilities.
A) Under the following circumstances, the Board may determine that the health, safety, and
welfare interests of the Town warrant and require the removal of Wireless
Telecommunications Facilities.
1) Wireless Telecommunications Facilities with a permit have been abandoned (i.e. not
used as Wireless Telecommunications Facilities) for a period exceeding ninety
consecutive (90) days or a total of one hundred-eighty (180) days in any three
hundred-sixty five (365) day period, except for periods caused by force majeure or
Acts of God, in which case, repair or removal shall commence within 90 days;
2) Permitted Wireless Telecommunications Facilities fall into such a state of disrepair
that it creates a health or safety hazard;
3) Wireless Telecommunications Facilities have been located, constructed, or modified
without first obtaining, or in a manner not authorized by, the required Special Use
Permit, or any other necessary authorization.
B) If the Board makes such a determination as noted in subsection (A) of this section, then
the Board shall notify the holder of the Special Use Permit for the Wireless
Telecommunications Facilities within forty-eight(48) hours that said Wireless
Telecommunications Facilities are to be removed, and shall schedule a hearing on at least five
days prior notice to the holder of the Special Use Permit. The Board may approve an
interim temporary use agreement/permit, such as to enable the sale of the Wireless
Telecommunications Facilities.
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C) The holder of the Special use Permit, or its successors or assigns, shall dismantle and
remove such Wireless Telecommunications Facilities, and all associated structures and
facilities, from the site and restore the site to as close to its original condition as is
possible, such restoration being limited only by physical or Commercial Impracticability,
within ninety (90) days of receipt of written notice from the Board. However, if the
owner of the property upon which the Wireless Telecommunications Facilities are
located wishes to retain any access roadway to the Wireless Telecommunications
Facilities, the owner may do so with the approval of the Board.
D) If Wireless Telecommunications Facilities are not removed or substantial progress has
not been made to remove the Wireless Telecommunications Facilities within ninety (90)
days after the permit holder has received notice, then the Board may request officials or
representatives of the Town to dismantle the Wireless Telecommunications Facilities at
the sole expense of the owner or Special Use Permit holder.
E) If, the Town dismantles, or causes to be dismantled, Wireless Telecommunications
Facilities, and the owner of the Wireless Telecommunications Facilities does not claim
the property and remove it from the site to a lawful location within ten (10) days, then
the Town may take steps as provided by law to declare the Wireless Telecommunications
Facilities abandoned, and sell them and their components.
F) Notwithstanding anything in this section to the contrary, the Board may approve a
temporary use permit/agreement for the Wireless Telecommunications Facilities, for no
more ninety (90) days, during which time a suitable plan for removal, conversion, or re-
location of the affected Wireless Telecommunications Facilities shall be developed by
the holder of the Special Use Permit, subject to the approval of the Board, and an
agreement to such plan shall be executed by the holder of the Special Use Permit and the
Town. If such a plan is not developed, approved and executed within the ninety(90) day
time period, then the Town may take possession of and dispose of the affected Wireless
Telecommunications Facilities in the manner provided in this section.
Section 29. Relief.
Any Applicant desiring relief or exemption from any aspect or requirement of this Law may
request such at the pre-Application meeting or other time permitted by the Board. Such
relief may be temporary or permanent, partial or complete, at the sole discretion of the
Board. However, the burden of proving the need for the requested relief or exemption, is
solely on the Applicant to prove to the satisfaction of the Board. The Applicant shall bear
all costs of the Board or the Town in considering the request and the relief shall not be
transferable to a new or different holder of the permit or owner of the Tower or facilities
without the specific written permission of the Board. Such permission shall not be
unreasonably withheld or delayed. No such relief or exemption shall be approved unless
the Applicant demonstrates by clear and convincing evidence that, (a) there is a need for
such a waiver, and (b) if granted, the relief or exemption will have no significant affect on
the health, safety and welfare of the Town, its residents and other service providers.
Section 30. Adherence to State and/or Federal Rules and
Regulations.
A) To the extent that the holder of a Special Use Permit for Wireless Telecommunications
Facilities has not received relief, or is otherwise exempt, from appropriate State and/or
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Federal agency rules or regulations, then the holder of such a Special Use Permit shall
adhere to, and comply with, all applicable rules, regulations, standards, and provisions of
any State or Federal agency, including, but not limited to, the FAA and the FCC.
Specifically included in this requirement are any rules and regulations regarding height,
lighting, security, electrical and radio frequency emission standards.
B) To the extent that applicable rules, regulations, standards, and provisions of any State or
Federal agency, including but not limited to, the FAA and the FCC, and specifically
including any rules and regulations regarding height, lighting, and security are changed
and/or are modified during the duration of a Special Use Permit for Wireless
Telecommunications Facilities, then the holder of such a Special Use Permit shall apply
to the Town for a modification of the Special Use Permit to enable the holder to conform
the permitted Wireless Telecommunications Facilities to the applicable changed and/or
modified rule, regulation, standard, or provision within a maximum of twenty-four(24)
months of the effective date of the applicable changed and/or modified rule, regulation,
standard, or provision, or sooner as may be required by the issuing entity.
Section 31. Conflict with Other Laws.
Where this Local Law differs or conflicts with other laws, rules and regulations, unless the
right to do so is preempted or prohibited by the County, State or federal government, the
terms of this Local Law shall apply.
Section 32. Effective Date.
This Local Law shall be effective ten days after publication of the Local Law or an abstract
or summary of same in the Ithaca Journal.
Section 33. Authority.
This Local Law is enacted pursuant to the Municipal Home Rule Law. This Local Law shall
supersede the provisions of Town Law to the extent it is inconsistent with the same, and to
the extent permitted by the New York State Constitution, the Municipal Home Rule Law, or
any other applicable statute.
INDEX
SECTION 1. PURPOSE AND LEGISLATIVE INTENT. 1
SECTION 2. TITLE. 1
22
SECTION 3. SEVERABILITY. 1
SECTION 4. DEFINITIONS. 1
SECTION 5. OVERALL POLICY AND DESIRED GOALS FOR SPECIAL USE PERMITS FOR
WIRELESS TELECOMMUNICATIONS FACILITIES 4
SECTION 6. SPECIAL USE PERMIT APPLICATION AND OTHER REQUIREMENTS 4
SECTION 7. LOCATION OF WIRELESS TELECOMMUNICATIONS FACILITIES 9
SECTION 8. SHARED USE OF WIRELESS TELECOMMUNICATIONS FACILITIES. 11
SECTION 9. HEIGHT OF WIRELESS TELECOMMUNICATIONS FACILITIES 12
SECTION 10. VISIBILITY OF WIRELESS TELECOMMUNICATIONS FACILITIES 12
SECTION 11. SECURITY OF WIRELESS TELECOMMUNICATIONS FACILITIES 12
SECTION 12. SIGNAGE 13
SECTION 13. LOT SIZE AND SETBACKS 13
SECTION 14. RETENTION OF EXPERT ASSISTANCE AND REIMBURSEMENT BY
APPLICANT 13
SECTION 15. EXCEPTIONS FROM A SPECIAL USE PERMIT FOR WIRELESS
TELECOMMUNICATIONS FACILITIES 14
SECTION 16. PUBLIC HEARING REQUIRED 14
SECTION 17. ACTION ON AN APPLICATION FOR A SPECIAL USE PERMIT FOR WIRELESS
TELECOMMUNICATIONS FACILITIES. 15
SECTION 18. RECERTIFICATION OF A SPECIAL USE PERMIT FOR WIRELESS
TELECOMMUNICATIONS FACILITIES 15
SECTION 19. EXTENT AND PARAMETERS OF SPECIAL USE PERMIT FOR WIRELESS
TELECOMMUNICATIONS FACILITIES. 17
SECTION 20. APPLICATION FEE. 17
SECTION 21. PERFORMANCE SECURITY 17
SECTION 22. RESERVATION OF AUTHORITY TO INSPECT WIRELESS
TELECOMMUNICATIONS FACILITIES 18
SECTION 23. ANNUAL NIER CERTIFICATION. 18
SECTION 24. LIABILITY INSURANCE. 18
SECTION 25. INDEMNIFICATION. 19
SECTION 26. FINES 19
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SECTION 27. DEFAULT AND/OR REVOCATION. 20
SECTION 28. REMOVAL OF WIRELESS TELECOMMUNICATIONS FACILITIES 20
SECTION 29. RELIEF 21
SECTION 30. ADHERENCE TO STATE AND/OR FEDERAL RULES AND REGULATIONS 21
SECTION 31. CONFLICT WITH OTHER LAWS 22
SECTION 32. EFFECTIVE DATE 22
SECTION 33.AUTHORITY. 22
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(Complete the certification in the paragraph that applies to the filing of this Iocal law and
strike out that which Is not applicable.)
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I. (Final adoption by local legislative budy uuly,) 0 • .•
I hereby certify that the local law annexed hereto, designated as local law No.'
of the (Cetrtrty)(CCity)(Town)(Vi1l of DAN BY of 19
• was duly TOWN BOARD on nit y 7 19.1 , in accordance with the applicable pro passed f the
'lame of Leg-Illative Body) Ap provisions Uf law,
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2. (Passage by local Iegislative body with approval, no isapproval or repassage after'disapproval by the F.Inr.tive Chief Executive Officer`.) j
I hereby certify that the local law anne as Icreto, designated as Iocal law No. ..• ••
of the (County)(City)(Town)(Villa: - o of 19• was duly passed by the
on _ 19 , and was (ap• • • -.rl)(not disapproved)(repassed after
'erne of cgut:ye body --
ta
disapproval) by t}
and deemed duly adopted on 19
tr-leeuve ChiefExecutive°Meer•) _ •
in accord ,ce with the applicable provisions of law.
3. (Final adoption by referendum.)
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' I hereby certify-that the local la annexed hereto, designated as 1 w law No. of Y9_
of the (County)(City)(Ton) - �lingc) of was duly p ed by the
on 19 , and was (approved)(not disapprove epassed after
arne of Le¢ielative Body
disapproval) by t. on 19 Su local law was
(l;leetiv. cki.t i:x..utive Om ) i
. submitted • the people by reason of a andatory)(permissive) referendum, andv�cceived the affirmative
votc of y- majority of the qualified ectors voting thereon at the (general)(speial)(annual) election held on
.19 , in accordance with the applicable provisions of law. . V
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4. (Subject to permissive referendum and final ad•• on because no valid petition tied requesting
referndum,)
I hereby certify that the local law anne • • hereto, designated as Iocal - Nu. of 19_
of the (County)(City)(Town)(Villa.-' of was dui assed by the
on 19 , an. 'as (approved)(not disapprove.d)(repassed after
Name of e&Iflativo lady --
dis tpproval) by the •n • 19 SUe)Ytocal law was subject to
(Elective Chief Executive Officer')
permissive - erendum and no valid petition requesting such referendum was filed` of 19
in acco - nce with the applicable provisions of law. V —
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'Elective Chief Executive Officer uteahs ur includes the chief executive officer of A county elected on a
county-wide basis or, If there be-none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer Is vested with the power to approve or veto local
laws or ordinances. , • V
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. • (Clay local law concerning Charter rerlsion proposed by petition.) •
T hereby certify that the local law annexed hereto, designated nc local law No. of 19
of the City of having been subm' ted to referendum pursuln;to
the provisions of section (36)(37) of the Munici. . 1-lomc Rule Law, and ltav'•b received the affirmativ vote
of a majority of the qualified electors of su city voting thereon at the -.eciai)(general) election he on
• 19 , became operative
6. (County local law couLe aura aduptlua of Charter.)
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I hereby certify that th= coal law annexed hereto, a signated RS local Taw No. of 19
of the County of , State of New Yor having-been submitted tc
the electors at th• eneral Election of Nave er 19 , pursuant o�subdivision: 5 and 7 of
section 33 of t•• Municipal Home Rule L • , and having received the affirmatiye vote of a majority of the
Qualified el tors of the. Citie..s of said eo.nty as a unit and of a majority of thlualified electors of the towns
of said c•.nty considered as a unit vo ing at said general election, became operative.'
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(If y other authorized form of final adoption has beeti'followed, please provide an appropritate certification.) .
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I further certify that I have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph / , above.
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G^ti.t
d[eex u w. aunty i`�parac:v y, lacy, Town or ti Made
or officer designa d y local legilaative body
(Seri;: Date: 9 I qq7
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, 'Village Attorney or
other authorized Attorney of locality.)
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STATE OF isrZW YORX
COUNTY OF I or>npk:r
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had of taken fur the enactment of the local law annexed hereto.
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1/�� , itv✓cam. .
9tgnacure
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I own fk•1`4orn�
Ltte
County
City •
own of p•nby
age / p
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Date: l c( /
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(3)
BARNEY, GROSSMAN, DUBOW & MARCUS
ATTORNEYS AT LAW
JOHN C. BARNEY SENECA BUILDING WEST
PETER G. GROSSMAN SUITE 400
DAVID A. DU BOW
119 EAST SENECA STREET
RANDALL B. MARCUS
WILLIAM J.TROY III ITHACA, NEW YORK 14850 FACSIMILE
JONATHAN A. ORKIN (607) 272-8806
(607) 273-6841 (NOT FOR SERVICE OF PAPERS)
July 26, 1999
Secretary of State of New York
Department of State
Bureau of State Records
41 State Street
Albany, New York 12231
Re: Town of Danby - Local Law No. 3 of the Year 1999
Dear Sirs and Ladies:
Pursuant to your letter of July 22, 1999, I am resubmitting for filing in your office an
original copy of the Town of Danby's Local Law No. 3 of the year 1999 entitled "A Local
Law Regulating the Siting of Wireless Telecommunications Facilities".
Please forward the receipt for filing of this Local Law directly to:
Ms. Carol Sczepanski
Town Clerk, Town of Danby
1830 Danby Road
Ithaca, New York 14850
Thank you for your attention to this matter.
Very truly yours,
C /2,_)t A
JCB als �,�
Enclosure
xc: Carol Sczepanski, Town Clerk
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